om:63-cl-2021-june — This case is to be determined whether it is governed by CCS (Pension) Rules, 1972 or by New Pension Scheme (NPS). Applicant herein will continue to be covered under NPS and not by CCS (Pension) Rules, 1972

This case is to be determined whether it is governed by CCS (Pension) Rules, 1972 or by New Pension Scheme (NPS). Applicant herein will continue to be covered under NPS and not by CCS (Pension) Rules, 1972 — The chunk discusses a case where eight applicants filed an OA regarding their pension eligibility for Postal Assistant vacancies from 2002, which had advertisements issued in 2003 with the last date ... — Facts: There are eight Applicants in this OA, working as Accountant, Postal Assistant, etc. The question that arises for consideration is, applicability of rules. In this case advertisement for Postal Assistant was issued in 2003 for the vacancies of 2002. The selection was conducted after 1-1-2004. Applicants joined as Postal Assistant on 14-5-2004 and 10-6-2004. Hence their cases were reported to have been covered under New Pension Scheme. The issue is, whether the Applicants are to be governed under New Pension Scheme (as they joined after 1-1-2004) or CCS (Pension) Rules, 1972 as the vacancies being for the year 2002. In the above circumstances, whether the case is to be covered by CCS (Pension) Rules, 1972 or continues to be covered under New Pension Scheme. Order of the Ernakulam Bench of the Tribunal by its order, dated 15-2-2016 was stayed by High Court which is pending for final decision before High Court. The cases of the Applicants who have filed this OA for Postal Assistant vacancies 2002 for which final date of filing for recruitment for those vacancies is 6-1-2004. The question to be answered is, whether the Applicants' case is to be covered under CCS (Pension) Rules, 1972 or to be covered under New Pension Scheme. Secondly, whether the decision, dated 15-2-2016 stayed by High Court of Kerala is binding to pass a similar order as decided by the Kerala Bench of the Tribunal℃ Analyzing the various dates in the present case which is noted as: 2002-vacancies of Postal Assistant pertain to this case. Advertisement was issued in 2003 and 6-1-2004 is the last date for filing the application. Applicants joined as Postal Assistant on 14-5-2004 and 10-6-2004. Ernakulam Bench of the Tribunal held that the Applicants deemed to have been appointed from the date the vacancy arose and that they shall be included in the CCS (Pension) Rules, 1972. As stated earlier, the case against the Tribunal is pending before the High Court. Tribunal held that Applicants being similarly situated are entitled for pension as per the CCS (Pension) Rules, 1972 and not under New Pension Scheme (NPS) under which the Applicants have been placed presently. The latest policy on the subject was published on 17-2-2020. The Tribunal orders as stated earlier were rendered prior to that date which is stayed by High Court. Hence, the present Tribunal held that the decision of Co-ordinate Bench of CAT, Ernakulam Bench is not binding to the present Bench of Guwahati to pass similar order by ignoring Government Policy, dated 17-2-2020 which has been issued after considering various points by Departments and Ministries in case of Central Government employees who have been appointed on or after 1-1-2004. The above issue was considered by the Tribunal at Guwahati Bench.